Terms of Reference of the UNAIDS PCB NGO Delegation

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1 Terms of Reference of the UNAIDS PCB NGO Delegation A. Introduction and purposes of this document:... 2 B. Definitions for the purposes of this document: UNAIDS Programme Coordinating Board (PCB) Member States Cosponsoring Organizations (Cosponsors) Nongovernmental Organizations (NGOs) Civil society (CS) UNAIDS Secretariat (the Secretariat) Communication and Consultation Facility (CCF)... 5 C. Statement of autonomy:... 5 D. Mission:... 5 E. Term of office:... 6 F. Operating language:... 6 G. Qualifications of the applying NGO:... 6 H. Qualifications of the applying Delegate:... 6 I. Commitments of the applying NGO:... 7 J. Commitments of the applying Delegate:... 7 K. Requirements and requests of the incoming Delegates:... 8 L. The selection process:... 8 M. Regional representation and balance considerations: Sub-regional representation HIV status, gender, constituency and organization balance... 9 N. Financial support: O. Early termination of term: UNAIDS PCB NGO Delegation Terms of Reference (January 2017) 1

2 A. Introduction and purposes of this document: This Terms of Reference (ToR) document is intended to inform in conjunction with the Call for Nominations nongovernmental organizations (NGOs) and their representatives considering applying for a seat on the NGO Delegation of the UNAIDS Programme Coordinating Board (PCB). The Call for Nominations and subsequent selection of NGO Delegates is undertaken by the current NGO Delegation to the PCB (see L. in this document under heading The selection process ). This document specifies the term of office, qualifications and commitments required to serve on the NGO Delegation. This document is also intended to be used as an operations reference tool for the current NGO Delegation. This document was produced as a result of decision 9.1 taken at the 20th Meeting (June 2007) of the UNAIDS PCB arising from the 2006 Review of NGO and Civil Society participation in the Programme Coordinating Board. 1 This document was updated in January NOTE: The UNAIDS PCB NGO Delegation Vision, Mission, Principles and Code of Conduct must also be considered and agreed to by NGOs and their representatives applying for a seat on the NGO Delegation. B. Definitions for the purposes of this document: The definitions below are not intended to be exhaustive technical definitions, but rather they are intended to be brief, user-friendly definitions to clarify and streamline the terminology used in this document. NOTE: Terms in bold used within the definitions in this section are defined in subsequent definitions within this section. 1. UNAIDS UNAIDS (the Joint United Nations Programme on HIV/AIDS) is the United Nations (UN) body that coordinates the HIV-related work of its eleven Cosponsors and provides global leadership on HIV policies and issues. 2. Programme Coordinating Board (PCB) The Programme Coordinating Board (PCB) is the governing body (effectively, the Board of Directors) of UNAIDS that guides, reviews and makes decisions about the policies, priorities, long range plans, and budgets of UNAIDS. There are 38 seats on the PCB: 22 Member States, 11 Cosponsors, and 5 NGOs. 3. Member States Member States (i.e. governments) hold 22 seats on the PCB: Western European and Others Group (7 seats); Africa (5 seats); Asia and Pacific (5 seats); Latin America and the Caribbean (3 seats); Eastern European/Commonwealth of Independent States (2 seats). The Member States are selected from among the UN Member States. They serve on the PCB for a term of 3 years on a rotation basis. Only the Member States have the right to vote on the PCB. 1 See 2 This document was contracted and funded by the UNAIDS Secretariat. It was written, based in part upon an existing Terms of Reference, in 2007/2008 by T. Richard Corcoran, consultant and former PCB NGO Delegate ( ), with input and support from a steering committee (consisting of PCB NGO Delegates and a representative of the UNAIDS Secretariat) and reviewed by advisors outside the NGO Delegation who were selected by the steering committee. Additions and changes to UNAIDS and Delegation processes and policies were revised in this document based on decisions by the NGO Delegation in 2012 and UNAIDS PCB NGO Delegation Terms of Reference (January 2017) 2

3 4. Cosponsoring Organizations (Cosponsors) The 11 UN Cosponsoring Organizations (Cosponsors) of UNAIDS are: UNHCR; UNICEF; WFP; UNDP; UNFPA; UNODC; ILO; UNESCO; WHO; the World Bank; and UN Women. Each holds a continuous seat on the PCB. The Cosponsors do not have voting rights on the PCB. 5. Nongovernmental Organizations (NGOs) NOTE: This is specifically not a definition of the general term Nongovernmental Organization, but one relative to the role of NGOs on the PCB. Nongovernmental organizations (NGOs) hold five (5) seats on the PCB. Eligible NGOs include local, national, regional and international NGOs, networks of people living with HIV (PLHIV Networks), key population networks, AIDS service organizations (ASOs), community-based organizations (CBOs), faith-based organizations (FBOs) and networks or coalitions of AIDS organizations. Collectively, these are referred to as NGOs. NGOs are further defined as not-for-profit and working primarily and actively in the field of HIV (i.e. the main purpose or one of the main purposes of the NGO, association or network is its work in the HIV field). There is one seat for each of the following five regions: Africa; Asia/Pacific; Europe, Latin America/Caribbean; and North America. These seats are occupied by the five Main Delegates. Additionally there are five Alternate Delegates (one from each of the same five regions) that participate in the Delegation. Though technically, it is the NGO (the organization, and not the person representing the organization) that holds the seat on the PCB, a specific representative of the NGO applies to fill the seat. Due to the challenges and steep learning curve of serving as an NGO Delegate to the PCB, it is intended that this single representative serve for the full term of service. However, if this individual cannot fulfill any part of his or her commitment, the NGO may provide another qualified representative for the remainder of a Delegate s term, subject to approval of the NGO Delegation. Though technically NGOs do not have the right to take part in the formal decisionmaking process 3 of the PCB, in practice, NGOs fully participate and are essential and respected stakeholders in decision-making processes. They do not, however, have voting rights. NGOs normally serve on the PCB for a term of two (2) years but may be extended to a maximum term of 3 years. The term of office is further defined below (see E. of this document under heading Term of office ). NGO Main Delegates (Main Delegates) As noted above, the five NGO seats on the PCB are held by the organizations. The person actually sitting in the seat is the person delegated to represent that organization and is known as an NGO Delegate. At formal meetings, the five seats are identified as NGO Africa, NGO Asia/Pacific, NGO Europe, NGO Latin America/Caribbean, and NGO North America, a further acknowledgement that the seat is held by the NGO (organization) and not the person. By default at formal PCB meetings, the five NGO seats are occupied by the NGO Main Delegates (Main Delegates) from their respective regions. However, the Alternate Delegate from that region may occupy the seat when the Main Delegate is absent or whenever it is deemed appropriate by both Delegates from the region or by the Delegation to do so (for strategic, logistic or any other reason). Although officially there are only five seats held by the 5 Main Delegates, in 3 Economic and Social Council, Resolution 1995/2 UNAIDS PCB NGO Delegation Terms of Reference (January 2017) 3

4 practice and for ease throughout this document, both Main Delegate and Alternate Delegate are referred to as Delegate unless a distinction is required. Except as otherwise noted, there are no distinctions in practice between the Main and Alternate Delegates in regard to their qualifications, commitments and participation in all aspects of the Delegation and the PCB. NGO Alternate Delegates (Alternate Delegates) Though there are only five formal NGO seats on the PCB, there are 10 Delegates appointed to the Delegation: five NGO Main Delegates and five NGO Alternate Delegates. This is to provide enough capacity to carry out the mission and business of the Delegation and to provide overlapping terms of office of the Main and Alternate Delegates from each region in order to ensure the transfer of skills and a smooth transition from Alternate to Main Delegate. It also helps to provide institutional memory for the Delegation. An incoming Delegate is usually designated as the Alternate Delegate for their region when his/her term begins and the existing Delegate becomes the Main Delegate for the region. When the Main Delegate s term is completed, the Alternate Delegate usually becomes the Main Delegate. Incoming NGO Delegates (incoming Delegates) Incoming NGO Delegates (incoming Delegates) are persons that have submitted a successful application to participate in the Delegation (by mutual agreement between the Delegation and the applicant) but have not yet begun their term of office, which is approved at the subsequent board meeting after their appointment. This is not a formal designation. (See K. of this document under heading Requirements and requests of the incoming Delegate.) Observer NGOs (Observers) In addition to the Delegation, Observer NGOs (Observers) attend the formal PCB meetings. Any individual or representative from an organization or network may register to attend, but they must incur their own costs and will need to be vetted and approved by the UNAIDS Secretariat. They may speak in plenary after all PCB members (Member States, Cosponsors and the Delegation) have done so. During the board meeting, the Delegation invites the Observers to attend a pre-meeting orientation and daily briefings to share information, collaborate and strategize. Incoming Delegates in attendance at PCB meetings (See K.of this document under heading Requirements and requests of the incoming Delegate ) are considered Observers. NGO Delegations (the Delegation) In reality, it could be argued that there are five NGO Delegations: one from each of the five regions and each comprised of the Main Delegate and the Alternate Delegate from that region. For ease and throughout this document, however, the ten NGO Delegates are collectively referred to as the NGO Delegation (the Delegation). 6. Civil society (CS) Civil society (CS) is defined as the broad array of people working for or with NGOs (as defined above) actively engaged in local, national, regional or global HIV issues. The Delegates represent their respective regional CS on the PCB as its constituency and, more broadly, the Delegation represents CS at large as its constituency. 7. UNAIDS Secretariat (the Secretariat) The UNAIDS Secretariat (the Secretariat) is comprised of the Executive Director and the technical and administrative staff required to carry out the work of UNAIDS and its governing board, the PCB. UNAIDS PCB NGO Delegation Terms of Reference (January 2017) 4

5 Though the Delegation is largely autonomous (see C. of this document under the heading Statement of autonomy ) the work of the Delegation is also supported by and in collaboration with the Secretariat, in particular the Governance and Multilateral Affairs Department, which manages relations with the Board and offers strategic support, and the Community Mobilization team, which engages with civil society. 8. Communication and Consultation Facility (CCF) At its 20th meeting, the PCB recommended the establishment of an independent communication and consultation facility (CCF) to strengthen the NGO participation and support effectiveness of NGO country-level voices in the Programme Coordinating Board policy dialogue. The PCB NGO CCF is funded by the UNAIDS Secretariat and is independently hosted for 2 year contracts by recruited NGOs. The implementation of activities, the performance management and overall responsibility for the achievement of deliverables belong to the Delegation. The CCF provides the Delegation with a base for independent support and has the main goal to support the delegation based on an independent position as well as to help them to have a transparent and fluid communication among themselves and with others. The four main tasks of the CCF are: Facilitate fluid communications to and from NGO Delegates with civil society, UNAIDS Co-Sponsors, UNAIDS Secretariat and UNAIDS Member States; Support for efficient management of the administrative and logistical needs of the PCB NGO Delegation; Ensure a means of communication and appraisal amongst delegates and support to help delegates to communicate among themselves; and Help to have a transparent information exchange between all stakeholders. From , the CCF was hosted at the World AIDS Campaign in Amsterdam, Netherlands. From , the host was ICASO in Toronto, Canada. Starting 2013 up to the present, the host is the Asia Pacific Network of People Living with HIV (APN+) in Bangkok, Thailand. C. Statement of autonomy: Except as limited by the UN Economic and Social Council (ECOSOC) Resolution 1995/2, formal PCB decisions in particular the Modus Operandi of the Programme Coordinating Board of UNAIDS (rev. June 1999) and any subsequent decisions that may have been or may be taken, the Delegation operates autonomously and is free to refine and redefine these Terms of Reference as necessary. D. Mission: The Mission of the Delegation is: To bring to the PCB the perspectives and expertise of people living with, most affected by, and most at risk of, vulnerable to, marginalized by, and affected by HIV and AIDS, as well as civil society and nongovernmental entities actively involved in HIV work, in order to ensure that their human rights and equitable, gender-sensitive access to comprehensive HIV prevention, treatment, care and support are reinforced by the policies, programmes, strategies and actions of the PCB and UNAIDS. NOTE: See the UNAIDS PCB NGO Delegation Vision, Mission, Principles and Code for how the Delegation accomplishes this Mission. UNAIDS PCB NGO Delegation Terms of Reference (January 2017) 5

6 E. Term of office: The term of office for an NGO is two (2) calendar years. In the interest of providing overlapping terms of office of the Main and Alternate Delegate from each region, ensuring institutional memory for the Delegation, and/or ensuring the transfer of skills and a smooth transition from Alternate to Main Delegate for each region, the term of office may be extended for one additional calendar year. This is subject to the availability and agreement of both the Delegate and his/her NGO as well as the agreement or decision of the Delegation. As restricted by the ECOSOC Resolution 1995/2, the term for any Delegate may not exceed three (3) calendar years. F. Operating language: Although it may result in an unfortunate exclusivity of much of CS, the operating language of the Delegation is English, and it is therefore a key requirement that Delegates are fully able to communicate well in both written and spoken English. Native English speakers on the Delegation are requested to remain mindful and considerate of the challenges that Delegates whose native tongue is not English may face. NOTE: Formal PCB documents are circulated in both English and French. Additionally, the CCF facilitates translation of certain documents, such as NGO Reports and consultations into Arabic, Chinese, French, Portuguese, Russian and Spanish and, at the request of the Delegation, into other local languages as needed. At formal PCB meetings, simultaneous interpretation is provided in Plenary (the main meeting room) in the following six official UN languages: Arabic, Chinese, English, French, Russian and Spanish. Other languages may be available. G. Qualifications of the applying NGO: Though applications to serve on the Delegation are submitted by individuals representing NGOs, it is the NGO itself that holds the seat on the PCB. In order to qualify to hold the seat on the PCB, the applying NGO must: 1. Be actively and principally involved with HIV work in the country and/or region for which the applicant is applying; 2. Maintain a comprehensive understanding of the health, political and social consequences and needs of the AIDS pandemic, particularly as it relates to the region; 3. Be strongly connected to and actively liaise with national and regional CS networks; and 4. Have extensive experience in national, regional and/or international policy-making and advocacy. H. Qualifications of the applying Delegate: In order to qualify to represent its NGO on the PCB, an applicant for the position of Delegate must: 1. Have permanent residency in and be living and working in a country within the region for which they are applying to represent; 2. Have the ability to communicate effectively in written and spoken English; 3. Have effective skills for writing reports and presentations; 4. Be computer literate; 5. Have easy and regular access to the Internet and ; 6. Have a minimum three years experience in HIV in their region; 7. Have an ability to collaborate well with a diverse group of people from different cultures from around the world; UNAIDS PCB NGO Delegation Terms of Reference (January 2017) 6

7 8. Have the facility to work strategically in a group; 9. Have diplomacy skills; 10. Have some comfort with public speaking; and 11. Have some experience in national, regional and international fora. I. Commitments of the applying NGO: It is required that the NGO must state in its letter of recommendation for the applying Delegate that the NGO: 1. Authorizes the applying Delegate to represent the NGO as its Delegate on the PCB; 2. Commits to the UNAIDS PCB NGO Delegation Mission, Principles and Code of Conduct; 3. Will support their Delegate for the term of his/her office so that he/she will be able to fulfill the Commitments of the applying Delegate (see J. of this document) by confirming that the applicant: Will have adequate office space; Will be freed up from his/her regular duties to be able to dedicate a minimum of 10 hours per work week; Will be additionally freed up from his/her regular duties in order to travel to attend the formal PCB meetings (including pre-meetings and debriefing meetings) and the NGO orientation meetings; Will have adequate access to office equipment and supplies; Will have organizational and administrative support; 4. Will ensure the quality and comprehensiveness of the applying Delegate s participation on the PCB; and 5. Will ensure that, if the Delegate is unable to complete his/her term of office, an equally qualified replacement, if available, will be offered by the NGO to finish the term of office. The final decision is adopted by the full delegation. J. Commitments of the applying Delegate: In order to participate as an NGO Delegate to the PCB, it is required that the applying Delegate must commit to: 1. The UNAIDS PCB NGO Delegation Mission, Principles and Code of Conduct; 2. Spending a minimum of 10 hours per week performing the duties of Delegate; 3. Broadly and in collaboration with the CCF, consulting with, seeking input from, learning about the relevant issues of, and reporting to their national and regional CS; 4. Attending and actively participating in key meetings including but not limited to: Biannual PCB meetings (5 to 6 days each) typically in either Geneva, Switzerland or a heavily-impacted country, in early to mid-june and early to mid-december. These meetings include an NGO Delegation strategy pre-meeting (1 day), NGO Delegation pre-meetings with Board members and other relevant stakeholders (1 day), the PCB meeting (3 days) and NGO Delegation debriefing meeting (1 day); 5. Attending, actively participating in and either participating with or representing (and reporting back to) the Delegation at other meetings and consultations (usually 1 to 3 per year) as necessary and when possible. Some examples are: high-level meetings of the UN General Assembly in New York; regional consultations; PCB consultations on developing policies; the PCB Bureau; etc.; 6. Actively participating in Delegation conference calls (average 3-4 per month) and lasting for 1-1½ hours. 7. Maintaining timely communications with the Delegation and other PCB bodies via ; 8. Reading, absorbing and being prepared to engage in discussions on all relevant UNAIDS PCB NGO Delegation Terms of Reference (January 2017) 7

8 PCB documents in a timely manner; 9. Actively participating and strategizing with the Delegation in the review and planning processes of the PCB and UNAIDS; 10. Actively participating in and chairing a fair share of ad hoc Working Groups (WG) as needed. Some examples are: NGO Report WG; PCB Thematic Segment WG; Operations Accountability and Recruitment WG; etc.; 11. Working in collaboration with the Secretariat; and 12. Participating fully in the work of the CCF. K. Requirements and requests of the incoming Delegates: Dependent upon the current calendar, the incoming Delegates may be required to: 1. Dependent on funding and availability, attend an NGO Orientation in December or before the meeting of approval for the incoming Delegate; and/or 2. Participate in on online, virtual orientation process. Though not strictly requirements, in the interest of the further orientation of incoming Delegates, in advance of the beginning of the term of office, the incoming Delegates may be invited to: 1. Dependent on funding and availability, attend the June and/or December PCB meetings as an Observer; and 2. Participate in PCB NGO conference calls. NOTE: A virtual, online orientation process has been developed to assist in interim turnover of representatives for delegated NGOs and to replace an in-person orientation due to limited funds provided by the UNAIDS Secretariat. L. The selection process: Incoming Delegates are selected through the following process: 1. Each year, a Call for Nominations for the upcoming regional openings is broadly circulated electronically via mailing lists worldwide, usually in mid-year; 2. The current Delegation facilitated by the CCF - autonomously conducts the selection process; 3. Applications are rated and discussed based upon a number of criteria including subregional representation and balance of the Delegation (see M. of this document). Regional Delegates ratings for applicants from their respective regions are significantly considered; 4. Telephone interviews are conducted with 2 to 3 short-listed candidates for each regional opening, inviting other members of CS (not on the current NGO Delegation) to participate in the interview; 5. Once a selection is made, successful applicants are notified via ; 6. Applicant confirms his/her availability, accepts the appointment, and becomes an incoming Delegate; and 7. As required by ECOSOC resolution, incoming NGOs are submitted and formally approved pro forma by the PCB at its next meeting in June or December. An intercessional approval by the PCB Bureau in between the PCB meetings can also be requested by the Delegation, in the case of recruitments that are off-track or do not follow the regular schedule. These are instances when a Delegate resigns before his or her term is over and no replacement from the organization is available. Requirements and requests of the incoming Delegates (see K. of this document) may be made in advance of this formal approval. M. Regional representation and balance considerations: UNAIDS PCB NGO Delegation Terms of Reference (January 2017) 8

9 As representatives of civil society, one of the great challenges of the Delegation is to effect changes and improvements to the policies and programs of UNAIDS so that they meet the needs of the people they represent. However, it is unrealistic to expect that any ten individuals can fully represent the full range of civil society involved in HIV work worldwide or that any two Delegates can fully represent their entire region. The Delegation, however, must try to do so to the best of its ability. While there may be a number of applicants who meet the qualifications and requirements to serve as a Delegate, in the effort to compose the best representation, the Delegation must factor in a number of other representational and balance considerations before making their selections from among the qualified applicants: 1. Sub-regional representation Within regions, and even within some sub -regions, there is a great diversity of civil society involved in HIV work in terms of language, culture and needs. The Delegation makes every effort to ensure that, whenever possible, unless no acceptable candidate is nominated during recruitment, the Main and Alternate Delegates from the same region meet subregional representational balance considerations: Africa: Ideally one Anglophone Delegate and one Francophone Delegate or no two Delegates from the same sub-region (Southern Africa, Northern Africa, West Africa, East Africa, Central Africa); Asia & Pacific: Ideally no two Delegates from the same sub-region (South Asia, Southeast Asia, East Asia, Middle East, Pacific; Europe: Ideally one Western/Central Europe and one Eastern Europe/Central Asia); Latin America & the Caribbean (LAC): Ideally One Latin/Central America Delegate and one Caribbean Delegate; and North America: Ideally no two Delegates from the same country. 2. HIV status, gender, constituency and organization balance Among the ten Delegates, the Delegation makes every effort to ensure that, unless impossible or not the best candidate is nominated during recruitment, the entire Delegation meets these overall representational balance considerations in priority order: PLHIV: In support of the 1994 Paris Declaration and the greater (and meaningful) involvement of people living with HIV/AIDS (GIPA) principle, preference is given to qualified openly declared PLHIV applicants. As a rule, there should be a minimum of three PLHIV Delegates; Constituency: A balance among Delegates who possess the expertise to represent and advocate for specific key constituencies including: men who have sex with men (MSM), LGBT, people who use drugs, sex workers, women and young people; Gender: A balance of male and female Delegates is also taken into account; and Organizations: A balance among the Delegates organization types: networks of PLHIV and PLHIV organizations, key population networks, AIDS service organizations, community-based organizations, Human Rights organizations, development organizations, global networks, etc. UNAIDS PCB NGO Delegation Terms of Reference (January 2017) 9

10 N. Financial support: 1. Unpaid appointment There is no payment for participating as a Delegate. 2. Support to attend key meetings Although there is no payment for participation, the costs for Delegates and, when invited, incoming Delegates, to attend key meetings specifically PCB meetings (including Delegation pre-meeting and debriefing meeting) and Delegation Orientations are covered as follows: Airfare: For those flying 9+ hours, costs for business class airfare are paid by UNAIDS; for flights under 9 hours, economy class is offered. Flight reservations and subsequent bookings (after receiving a travel authorization (TA) from the Secretariat) are the responsibility of the Delegate and must be made through a UNAIDSauthorized travel agency. Any necessary visas are the responsibility of the Delegate; and Per diem/daily subsistence allowance: Delegates are provided by UNAIDS either in advance of travel date or soon after arrival with a daily subsistence allowance in accordance with the WHO rate to adequately cover the cost of meals and hotel accommodation (lodging) for an approved number of meeting days. Hotel bookings are the responsibility of the Delegate. 3. Support to attend other meetings If Delegates are invited and available to attend other meetings (as outlined in J.5 in this document Commitments of the applying Delegate ), the costs to attend are covered as outlined in 2. Support to attend key meetings except that flights will be economy, not business. O. Early termination of term: The Delegation may terminate an NGO s and/or a Delegate s term early if: 1. The qualifications of the NGO or the Delegate as outlined above have been misrepresented; 2. The Delegation determines that the commitments of the NGO or the Delegate as outlined above and as tracked by the Delegation s Accountability Mechanism are not being adequately kept; or 3. A conflict of interest (as spelled out in the UNAIDS PCB NGO Delegation Mission, Principles and Code) is evidenced or declared on the part of the NGO or the Delegate; 4. The NGO ceases its principal involvement in HIV work or it ceases to exist; or 5. The Delegate ceases his/her association with the NGO. Another qualified representative of the NGO may be presented and, if approved by the Delegation, serve as Delegate for the remainder of the term of office; or 6. The Delegate does not fulfill the requirements of commitments established by the Delegation. UNAIDS PCB NGO Delegation Terms of Reference (January 2017) 10

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